1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 T.C., Case No. 2:24-cv-04795-WLH-ADS 12 Plaintiff, 13 [DISCOVERY DOCUMENT: v. REFERRED TO MAGISTRATE 14 JUDGE AUTUMN D. SPAETH] MINDGEEK S.A.R.L., a foreign entity; 15 MG FREESITES LTD, a foreign entity; Judicial Officer: Wesley L. Hsu 16 MINDGEEK USA INCORPORATED, a Delaware corporation; MG STIPULATED PRE-TRIAL 17 PREMIUM LTD, a foreign entity; MG PROTECTIVE ORDER AS TO GLOBAL ENTERTAINMENT INC., a THE IDENTITY OF PLAINTIFF 18 Delaware corporation; 9219-1568 T.C. QUEBEC, INC., a foreign entity; 19 BERND BERGMAIR, a foreign 20 individual; FERAS ANTOON, a foreign individual; DAVID 21 TASSILLO, a foreign individual; VISA INC., a Delaware corporation; 22 REDWOOD CAPITAL 23 MANAGEMENT, LLC, a Delaware limited liability company; REDWOOD 24 DOE FUNDS 1-7; COLBECK CAPITAL MANAGEMENT, LLC, a 25 Delaware limited liability company; COLBECK DOE FUNDS 1-3, 26 27 Defendants. 1 1. Plaintiff alleges she is a victim of child sex trafficking and child 2 pornography and commenced an action against Defendants in the above caption 3 under a pseudonym. Plaintiff seeks a protective order governing the circumstances 4 and terms by which her identity may be disclosed to and by Defendants to minimize 5 the potential for alleged harassment were her identity disclosed, and to avoid the 6 stigma and embarrassment that would accompany exposure of her identity beyond 7 what is necessary in this litigation. In a related case against MindGeek, this Court 8 recognized that a protective order would be an appropriate vehicle “to provide 9 Defendants’ counsel with their true identities if necessary in the litigation.” Fleites 10 v. MindGeek S.A.R.L.,

, at *1 (C.D. Cal. June 28, 2021). 11 2. Counsel for Plaintiff shall provide to counsel for the Defendants the 12 Plaintiff’s name and alias names used at any time (as recalled by Plaintiff) (“True 13 Identity”) within 7 days of the entry of this Order. 14 3. The Parties, as well as their agents, employees, and assigns, and any 15 person or entity who has signed the agreement to be bound by this Protective Order 16 (Exhibit A), shall keep the True Identity of Plaintiff confidential during and after the 17 conclusion of this matter. The Parties reserve, however, all of their respective rights 18 in discovery, including to issue subpoenas, take depositions, and request information 19 and documents from or regarding any person who has knowledge of the creation, 20 posting or distribution of any videos or images relevant to Plaintiff’s allegations. 21 With that reservation, the Parties agree that they may only disclose Plaintiff’s True 22 Identity to the following: 23 A. The Parties to this litigation, including any employees, agents, and 24 representatives of the Parties as needed to litigate any claims or 25 defenses; 26 B. Counsel for the Parties and employees, agents, and representatives of 27 counsel as needed to litigate any claims or defenses; 1 D. Any custodian of records, but only to the extent that Plaintiff’s True 2 Identity will assist the custodian in obtaining and producing records 3 after signing the agreement to be bound by this Protective Order. If the 4 custodian of records or their counsel fails or refuses to sign that 5 agreement, the Parties shall meet and confer regarding the proposed 6 disclosure. Consent shall not be unreasonably withheld. If the Parties 7 fail to reach consent, they hereby agree that such dispute shall be 8 resolved pursuant to the Magistrate Judge’s Informal Discovery Dispute 9 Resolution Process: https://www.cacd.uscourts.gov/honorable-autumn- 10 d-spaeth; 11 E. Persons to whom disclosure is compelled by law, including (but not 12 limited to) by subpoena, warrant, or court order with 14 days prior 13 notice to all counsel of record for the Plaintiff, further before disclosure 14 is made Defendants will advise the requesting party of this Order and 15 request that they sign the agreement to be bound by this Protective 16 Order; 17 F. Persons to whom disclosure is necessary in order for Defendants to 18 obtain relevant discovery or otherwise prepare a good-faith defense, 19 after signing the agreement to be bound by this Protective Order. If 20 such person(s) or their counsel fails or refuses to sign that agreement, 21 the Parties shall meet and confer regarding the proposed disclosure. 22 Consent shall not be unreasonably withheld. If the Parties fail to reach 23 consent, they hereby agree that such dispute shall be resolved pursuant 24 to the Magistrate Judge’s Informal Discovery Dispute Resolution 25 Process: https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth; 26 G. Independent providers of document reproduction, electronic discovery, 27 or other litigation services retained or employed specifically in 1 connection with this litigation, after signing the agreement to be bound 2 by this Protective Order; 3 H. Court reporters, recorders, and videographers engaged for depositions, 4 after signing the agreement to be bound by this Protective Order; 5 I. Any mediator appointed by the Court or jointly selected by the Parties, 6 after signing the agreement to be bound by this Protective Order; 7 J. Any expert witness, outside consultant, or investigator retained 8 specifically in connection with this litigation, after signing the 9 agreement to be bound by this Protective Order; 10 K. Any deponent or fact witness and their counsel, after signing the 11 agreement to be bound by this Protective Order— subject to disclosure 12 occurring no earlier than 15 days prior to the noticed deposition date or 13 date of trial testimony. If the deponent or fact witness or their counsel 14 fails or refuses to sign that agreement, the Parties shall meet and confer 15 regarding the proposed disclosure. Consent shall not be unreasonably 16 withheld. If the Parties fail to reach consent, they hereby agree that such 17 dispute shall be resolved pursuant to the Magistrate Judge’s Informal 18 Discovery Dispute Resolution Process: 19 https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth; 20 L. Government agencies and agency personnel, including law enforcement 21 and law enforcement personnel, but only to the extent that the 22 disclosure of Plaintiff’s True Identity is necessary to litigate any claims 23 or defenses or to comply with any applicable legal obligations or 24 requirements; and 25 M.Other persons or entities as needed to litigate any claims or defenses 26 upon consent of the Parties. A meet and confer must be held regarding 27 any such disclosure. Consent shall not be unreasonably withheld. If the 1 authorized under the terms of this Protective Order, the Parties hereby 2 agree that such dispute shall be resolved pursuant to the Magistrate 3 Judge’s Informal Discovery Dispute Resolution Process: 4 https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth. 5 4. The provisions of this Order shall apply to any disclosure of Plaintiff’s 6 True Identity throughout the course of this Action, regardless of whether such 7 disclosure may occur through written, electronic, or oral means. Plaintiff’s True 8 Identity may not be disclosed or used for any other purpose other than litigating this 9 action. 10 5. The Parties and any non-parties shall redact from all public filings all 11 identifying information of Plaintiff, including: (i) name and aliases; (ii) names of 12 family members; (iii) date of birth; (iv) social security number or other government- 13 issued identification numbers; (v) addresses; (vi) phone numbers; (vii) photographs 14 or other images; (viii) physical descriptors; (ix) medical records; and (x) social 15 media or other online accounts, including accounts on Pornhub, Redtube, or other 16 sites owned by Defendants. Upon the filing of a redacted document, the filing party 17 must simultaneously file an unredacted copy under seal and provide an unredacted 18 copy to the other party. This order shall constitute the specific court order required 19 for filing under seal pursuant to Local Rule 79-5.2.2. In other words, the parties 20 need not file a further administrative motion prior to each filing under seal pursuant 21 to this Protective Order. For avoidance of doubt, redactions should not be applied to 22 the documents exchanged in discovery between the parties on the basis of this 23 Protective Order. 24 6. To the extent any Party or non-party has questions or concerns about 25 whether any forthcoming filing complies with the requirements of this Order, such 26 party or nonparty should seek leave of Court prior to submitting any such filing. 27 1 DATED: November 8, 2024 /s/ Michael J. Bowe Michael J. Bowe 2 [email protected] 3 Lauren Tabaksblat BROWN RUDNICK LLP 4 [email protected] 5 7 Times Square New York, NY 10036 6 Phone: 212.209.4800 7 Fax: 212.209.4801 8 David M. Stein (State Bar #198256) 9 [email protected] 10 OLSON STEIN LLP 240 Nice Lane #301 11 Newport Beach, CA 92663 12 Phone: 949.887.4600 13 Attorneys for Plaintiff 14 15 DATED: November 8, 2024 /s/ Esteban Morales Fabila 16 Seth R. Goldman (pro hac vice app. forthcoming) 17 [email protected] 18 MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. 19 919 Third Avenue 20 New York, NY 10022 Telephone: (212) 692-6845 21 Facsimile: (212) 983-3115 22 Peter A. Biagetti (admitted pro hac 23 vice) [email protected] 24 MINTZ, LEVIN, COHN, FERRIS, 25 GLOVSKY AND POPEO, P.C. One Financial Center 26 Boston, MA 02111 27 Telephone: (617) 542-6000 Arameh Z. O’Boyle (SBN 239495) 1 [email protected] 2 Esteban Morales Fabila (SBN 273948) [email protected] 3 MINTZ, LEVIN, COHN, FERRIS, 4 GLOVSKY AND POPEO, P.C. 2049 Century Park East, Suite 300 5 Los Angeles, CA 90067 6 Telephone: (310) 586-3200 Facsimile: (310) 586-3202 7 8 Attorneys for Defendants MindGeek 9 S.à r.l., MG Freesites Ltd, MindGeek 10 USA Incorporated, MG Premium Ltd, MG Global Entertainment Inc., and 11 9219-1568 Quebec Inc. 12 13 DATED: November 8, 2024 /s/ Ronald G. White 14 Ronald G. White [email protected] 15 Walden Macht Haran & Williams 16 LLP 250 Vesey Street, 27th Floor 17 New York, New York 10281 18 Telephone: 212.335.2387 19 Attorney for Defendant Bernd Bergmair 20 21 DATED: November 8, 2024 /s/ Matthew V. Povolny 22 Jason Brown [email protected] 23 Matthew V. Povolny 24 [email protected] Cohen & Gresser LLP 25 800 Third Avenue 26 New York, NY 10022 Telephone: 212.957.7561 27 1 2 DATED: November 8, 2024 /s/ Jonathan S. Sack Jonathan S. Sack 3 [email protected] 4 Morvillo Abramowitz Grand Iason & Anello P.C. 5 565 Fifth Avenue 6 New York, New York 10017 Telephone: 212.880.9410 7 8 Attorney for Defendant David Tassillo 9 10 DATED: November 8, 2024 /s/ Drew Tulmello Drew Tulumello 11 [email protected] 12 Arianna Scavetti 13 [email protected] Sydney Hargrove 14 [email protected] 15 Weil, Gotshal & Manges LLP 2001 M Street NW 16 Washington, DC 20036 17 Telephone: 202.682.7000 18 Nicole Comparato 19 [email protected] Weil, Gotshal & Manges LLP 20 1395 Brickell Avenue, Suite 1200 21 Miami, FL 33131-3368 [email protected] 22 Telephone: 305.577.3100 23 Attorneys for Defendant Visa, Inc. 24 25 DATED: November 8, 2024 /s/ James M. Pearl 26 James M. Pearl 27 [email protected] Paul Hastings LLP 1999 Avenue of the Stars, 27th Floor 1 Century City, CA 90067 2 Telephone: 310.620.5700 3 Adam M. Reich 4 [email protected] Paul Hastings LLP 5 515 Flower St, 25th Floor 6 Los Angeles, CA 90071 Telephone: 213.683.6000 7 8 Attorneys for Defendant Redwood 9 Capital Management, LLC 10 DATED: November 8, 2024 /s/ David G. Hille 11 David G. Hille 12 [email protected] 13 Kevin C. Adam [email protected] 14 White & Case LLP 15 1221 Avenue of the Americas New York, NY 10020-1095 16 Telephone: 212.819.8200 17 Russell J. Gould (Bar No. 313352) 18 [email protected] 19 White & Case LLP 555 South Flower Street, Suite 2700 20 Los Angeles, CA 90071-2433 21 Telephone: 213.620.7700 22 Attorneys for Defendant Colbeck 23 Capital Management, LLC 24 25 26 27 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 DATED: January 15, 2025 _____/s/ Autumn D. Spaeth_______ 4 Honorable Autumn D. Spaeth United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Pre-Trial Protective 6 Order as to the Identity of Plaintiff T.C. that was issued by the United States District 7 Court for the Central District of California in the case of T.C. v. MindGeek S.A.R.L. 8 et al., Case No. 2:24-cv-04795-WLH-ADS. I agree to comply with and to be bound 9 by all the terms of this Order, and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Order to any person or entity except in strict compliance with the 13 provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Order. 21 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27